Arbitration Notes

AWARD ENFORCEMENT ORDERS: TO SET ASIDE OR NOT TO SET ASIDE? – THAT IS THE QUESTION

Swiss Federal Tribunal refuses to set aside the Deutsche Telekom v India Award

We previously reported here that a Geneva-seated UNCITRAL tribunal (the "Tribunal") constituted under the India-Germany Bilateral Investment Treaty dated …

English Court of Appeal refuses Micula Appeal against stay of ICSID Award but orders Romania to provide £150m Security

In Micula & Ors v Romania [2018] EWCA Civ 1801 the English Court of Appeal (the "Court") dismissed an appeal against the High Court's stay of …

English Court rejects Ukraine's attempt to set aside enforcement order on grounds of state immunity

The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce …

English Court rejects claim that notice of arbitration given in a foreign language is not proper notice

In a dispute between an English company and a Russian company, the English High Court (the Court) refused to set aside an order enforcing a Russian …

Paris court rejects application for review and withdrawal of arbitral enforcement order, despite allegations of fraud

The Paris Court of First Instance has rejected an application for the review and withdrawal of an enforcement order of an arbitral award, despite …

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government's Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to …

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish …

Tribunal des Conflits clears jurisdictional divergence between French Supreme Court and Conseil d'État regarding enforcement of awards rendered in connection with certain public law contracts

In Tribunal des Conflits, 24 April 2017, C4075, the Tribunal des Conflits considered whether the administrative or ordinary courts had …

Enforcement of foreign award involving public procurement contract falls within jurisdiction of the ordinary courts (France Supreme Court)

 In Cass. Civ. 1re, 8 juillet 2015, n° 13-25.846, the Cour de cassation (French Supreme Court) considered an appeal against a Paris Court of Appeal …

Appeal against order granting enforcement only permitted under limited grounds relating to arbitral award (French Supreme Court)

In a judgment dated 7 October 2015, the Cour de cassation (French Supreme Court) has rejected an appeal against an order granting exequatur (enforcement) …

English court adjourns enforcement of ECT award whilst annulment proceedings are pending in Sweden

The potential to enforce an award which is being challenged, or has been annulled, in the courts of the seat is a question which often interests users of …